Authentication of power of attorney during land purchase
TIRTHA MONDAL
(Querist) 27 April 2012
This query is : Resolved
I am going to purchase a land of 2160sq.ft out of 56 decimal in West Bengal.The owner of this land was died and his name recorded in BL & LRO office and his five sons have given "power of attorney" to two persons who are going to sign(not his sons/successors) in the day of deed registration with me.Please let me inform (1)WHAT THINGS SHOULD I INQUIRE BEFORE DEED REGISTRATION? (2)IS THERE ANY NEED OF SIGNATURE OF THOSE SUCCESSORS IN THE DEED? please inform me the total procedure when someone,who has "power of attorney", is going to sign in the land registration deed because I am afraid of the honesty of that two persons as they land-agent and heard as fraud. THANKING YOU.
Devajyoti Barman
(Expert) 27 April 2012
After the coming of the latest supreme court decision it is better if you get the actual legal heirs sign the document.
The land broker in WB has no scruples to say the least.
MohammedRaffiq Bijapur
(Expert) 27 April 2012
Well advised by Devajyoti Sir.
Still u persist preferring to purchase the property ensure that the power of attorney is duly registered before the Registering authority and then proceed.
Saibal Guha Roy
(Expert) 28 April 2012
From the info given by you, it appears that the land is Agricultural. First of all please ensure that there is no Bargadar on the said land. If the title is clear, only a registered POA is permissible. Further, you should also make enquiries if these persons have given to POA to third party.
prabhakar singh
(Expert) 29 April 2012
(1)WHAT THINGS SHOULD I INQUIRE BEFORE DEED REGISTRATION?
YOU SHOULD MAKE AN IN DEPTH SEARCH THAT TITLE OF PROPERTY IS FREE OF ALL CHARGES AND MARKETABLE.IF PROPERTY IS AGRICULTURAL GET THE ENTRIES CHEKED FOR ANY OBLIGATION ON TITLE IS NOT RECORDED AS POSSESSORY RIGHTS.
(2)IS THERE ANY NEED OF SIGNATURE OF THOSE SUCCESSORS IN THE DEED?
IT WOULD BE BETTER IF HIS ALL SONS DIRECTLY EXECUTE THE SALE DEED IN YOUR FAVOR AND THE POA WITNESSES THE SALE DEED.
IN ULTIMATE,YOU ENGAGE A REVENUE OR PROPERTY LAWYER TO GET YOUR WORK DONE.
Shonee Kapoor
(Expert) 01 May 2012
Nothing left to be added
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
